The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-19
Supreme Court.

Hon. byron K. Elliott. Chief justice.
The following opinions rendered March 18:
OBSERVATION-DISCLOSURES vIREs
12433. Francis A. Coffin VS.. Daniel M. Ran.dell.
Where partners Incorporated and transferred the
assets and patent rights of the partnership to the
were accepted such by the corporation while that
transaction remains unimpeachable and unrescinded.
a receiver of such corporation in a suit against
shareholder to enforce unpaid subscriptions must
show state of facts which rendered the
ultra wires and void that it infected with
fraud and bad faith that the creditors might treat
it void before he can recover. CD Where in such
case, the charter provided that the corporation
organized for the purpose of engaging in the manu-
facture of plows and other agricultural implements
and also acquire hold and purchase letters patent
for such articles acceptance by it of letters patent
plows and other of the partnership in payment
of stock was not ultra vires (3 The fact that the
property was taken at an generalization will not enable
the receiver to maintain such suit without imp ach
ing setting the transaction aside for fraud in the
corporation.
TELEGRAPH CoMPANY--CoNTRACrs-s
1928. Western Union Telegraph Company vs.
George A. Yopst. Cass c. O. Reversed Elliott, g.
1.-THE basis of the claim for the statutory penalty
against telegraph comaany for failure to transmit
message is contract and if the contract is made on
Sunday it is void, unless it is shown that it was
work of necessity Whether there is or is not
able necessity for doing the work must depend upon
the circumstances of each case, and general rule
be declared which will apply to all Where
report of trial and furnish longhand notes of the
evidence for bill of EXCEPTIONS that the time for
fling the bill was limited; that he worked during the
day and at night to get the long hand report compe
ed; that he succeeded in getting it done Sunday,
days before the time for filing it expired; that it
sired to appeal for the that the judge who tried
the was engaged in another court-these facts
show reasonable necessity tor sending
this fact alone for mere delay in sending message
| delivered to the company Sunday will not make it
liable unless it shows it's face emergency requir
ing delivery. no
| titled of the fact Where telegraph mrany re-
ceves message Sunday il may not be liable for
failure to transmit it on that day, but by holding it
until after that day has passed rafes the contract
and becomes liable if shere is transmission. Where
that written claim for DAMAGE should be presented
| within sixty days. the commencement of an action
within sixty days is not compliance with the con-
tract and the statutory penalty cannot be recovered
/ Where oral demand in such made of an
| agent but refused the ground that the contract
was void there waiver of any right to written
| demand.
| PLEADING-DEMURRER.
| 1858 William C. Winstandley vs. Samuel A.
| Rar' dan. Lawrence @. G. Reversed. collars, j.
Facts not conclusive of law should be pleaded. de
murrer admits truo what is well pleaded, but moi
| conclusive Of law.
| Superior Court.
| Room l-Hon. Napoleon b. Taylor, judge
William Culbertson VS.. Indianapolis & Peru Rail
way Company ct al; injunction. Dismissed
Annie Bailey, admnistratrix. VS.. Citizens Street
| Railway Company; damages. On trial by jury.
| Room 2-Hon. D. W. Howe Judge.
William Wallace, receiver of Fletcher & Sharpe vs.
The Red River Farming Association ct al. Dismissed
Jesse l.. Hunt ct al Alex. Mcknight ct al
| Finding for plaintiff for SS9.
| j. II. Baldwin administrator. William L. Win
gate Finding for plaintiff for $625.42.
j. H. Baldwin David Munson ct al. Findin
for plaintiff for $448. 40.
Room 3-Ton. Lewis G. Walker. Judge.
John Mcdert VS.. Isaac B. Hill ct al; vendor lien
Tried aud taken under advisement.
| Dr. A. W. Brayton VS.. John Martini account. Trie
and taken under advisement.
Mary Eta Gibson VS.. Green Gibson; divorce
Granted on the grounds of drunkenness and failur
to provide.
John B. Mazlin vs.. Lucreta Farley note. On tria
by the court.
John J. Cole VS.. Stephen Matter: account. Dis
missed at plaintiffs costs.
NEW SUITS.
Frederick Rand. receiver of Indiana Banking Con
pary. VS.. Frank Wright: demand $780,
William FL. Hinkle VS.. Florence Hinkie; divorce Al
legation. abandonment.
Sanford s. Emery VS.. Sophronia J. Emery; com
plant for divorce. Allegation. adultery.
James s. Scott VS.. Mary l. Walton; proceeding sup
Elemental to execution.